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Legal Blog:

Apr
01
2010

In Time

Posted in Collections

In keeping with our policy of announcing when a case demonstrates that a position we previously took was correct and, conversely, forever burying evidence when we were incorrect, we bring you the decision of Bank of Nova Scotia v. Williamson, a 2009 decision of the Ontario Court of Appeal. We first discussed the trial decision in this case in our newsletter of April 2009.

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Apr
01
2010

SABS

Posted in Collections

Judgment creditors are, or should be, always on the lookout for assets to seize or income to garnish.

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Apr
01
2010

Ding Dong

Posted in Lawyers' Issues

The witch is dead. Which old witch? The wicked doctrine of fundamental breach. She’s gone, she’s gone, she’s gone – to the happy resting ground occupied by the likes of the doctrine of last chance and res ipsa loquitor. The doctrine was the subject of Tercon Contractors Ltd. v. British Columbia, a February 2010 decision of the Supreme Court of Canada. It arose in the context of a construction tender case, something that gave it dual interest to us.

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